Business Law Report: Legal Frameworks and Dispute Resolution in UK

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This report delves into various aspects of business law, commencing with an overview of the sources of law, differentiating between primary and secondary sources such as legislation, case laws, treaties, law journals, textbooks, and directives. It then elucidates the role of the UK government in law-making, detailing the processes within the House of Commons and House of Lords, including the stages of bill passage and the application of statutory and common law within the judicial organization. The report further examines the impact of company, employment, and contract law on businesses and organizations, emphasizing their significance in shaping legal frameworks. Additionally, it covers the framing of legal business organizations, including sole proprietorships, partnerships, and companies, highlighting their structures and operational aspects. Finally, the report discusses methods for funding and managing businesses, along with recommendations for resolving disputes, providing a comprehensive understanding of business law principles and practices.
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Table of Contents
INTRODUCTION ..........................................................................................................................3
TASK 1............................................................................................................................................3
P1 What are the different sources of Law...................................................................................3
P2 Role making of government and method to apply statutory and common law in courts......4
P3 Impact of the company, employment law and contract law on the business and
organization.................................................................................................................................6
P4 Framing of legal business organization with its types..........................................................6
P5 Funding and Management of Business..................................................................................7
P6 Recommendation through which various disputes can be solved.........................................8
CONCLUSION ...............................................................................................................................9
REFERENCES..............................................................................................................................10
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INTRODUCTION
Business law covers all the branch of law that deals with all the methods and the norms
that has been used by the organisation in order to frame their rights and legal entities. It mainly
cover all the certain branches of law that helps to give the ways in which organisation should
make their work(Nevzat, 2020). Commercial law provides all the rights and the duties which is
being made for the trading and merchandise. Company law covers all the general rules that are
being made for the dissolution of matters and the corporation that has been formed in order ton
mitigate any law that has been made and applied. This report will further deal with the contract
law which helps the parties to frame in an agreement, employment law, corporate law and with
that its all legal regulations and the recommendation that is being needed in the context of
organisation.
TASK 1
P1 What are the different sources of Law.
Law is a frame or set of rules which covers all the areas of human behaviour and also the
conduct that is being implies in order to do any act. Every individual use to behave and work
with the context of law and it use to be applied in the life style of individual in all their variant
source(Ryan, 2020). The law covers all the basic elements that are being used for the benefit and
it covers all the rules that are important for the benefit of the society.
There mainly consists of 2 kinds of sources of law:
Primary Source of law Legislation- This is the most important and the primary source of law. The rules being
framed in the legislation is through the government and as it is not a written constitution
it covers the whole UK legal system and is being applied to the whole UK. They mainly
provides the order which are given by the council and with that also the statutory
instruments (Okanigbuan, 2020). Case laws- All the case that are being heard in the court and were being coming in the
courts are covered under it. That means that the judgement raised by the court for various
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cases use to create a binding affect on the people and the decision led by the higher
authority made to be binding to all the lower courts.
Treaties- The international agreements in the countries which creates the binding affect
on all are being covered under the treaties and they have the bind affect on all.
Secondary Sources of Law Laws journal- It contains all the essential information that is being important for the
benefit of law and also it is used to clarify the issues being raised with all the case
commentaries. Textbook- It covers all the legal content that is being written by the writers with all the
important regulations, the textbooks contains all the rules acts and the case laws for better
understanding (Yang and Renda, 2019).The books which are covered in all the area and
the records that are being assigned in their certain ways are use to be implemented. The
authors at any time make the textbooks in order to frame certain laws and the case laws,
acts, illustrations.
Directives- This provides the persuasive methods which is being implied by the people as
it helps in framing the proper decision that are useful and with all the issues framed for
the legislative purposes.
P2 Role making of government and method to apply statutory and common law in courts.
There use to be framed two kinds of houses in UK they are mainly House of Commons
and also House of Lords. In which the prior is made by the government making bodies who have
the authority to do it and the other one house of lords is being made by the quality and the skills
of the person in various areas that are important.
House of lords covers several stages they are: First Reading- This is the first stage in the house of lords where the bill is being
introduced in lords in which all the names which are decided will be read out in chamber. Second Reading-In this stage when the bill is being read out their use to be checked all
the necessary changes that are needed to be made in the before making the bill to be
amended(Perreau, 2020). Committee Stage- Through this stage the bill which was came in sight will be kept on
desk in order to make the necessary amendments that are used to be made. All the
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members of the house of lords can join the stage and can make the voting in order to get
the benefit raised for the people. Report Stage- In this stage it is being made that all the essential elements are amended in
the bill it basically covers the important changes that are needed to be made as this is the
final term so the bill can be made with the specific changes. Third Reading- it covers the final reading if that report and the houses use to check that is
there is any loopholes or the areas that are left needed to be covered. Basically it covers
all the areas which were left and they tends to make it work in all the segments. Consideration of amendments- In this stage the changes are being marked earlier then the
report will be given to the house of common and on that time if the house use to decide in
order top accept it or not and in case where the house is not accepting it then the whole
session will again be made(Peers, 2020). This whole process is called ping pong. Royal Assent- When both the houses pass the bill and accept the conditions then it will be
framed. This is the final process and all the houses will then work according to it. This
creates an law that will be binding on all and on whole of the UK.
Judicial Organization
UK has the laws that are important for the precedents in their judicial system. It mainly
covers the superior court and also the subordinate courts. In this the supreme court user to deal
with all the cases like for civil or criminal matters and there is the final appeal is being raised.
The Queens bench, Family divisions courts, Chancery court of appeal they all are covered in
High court.
The remaining courts like the family court, crown court and even the county court they
all use to deal with the criminal matters as the appeals is being initiated in it. These courts use to
work with the authorities and also with the decision being given by the higher courts all the first
appeal is being made in such court.
Statutory and common law when being applied
The law which is being made by the parliament as in order that parliament being the main
authority and the law when made by the legislature use to create a binding affect are called as
statutory law and their cannot be raised any question for the laws made in it (Seharwat, 2020).
They are treated as final law as they protects the individual rights and duties they are like
employment law, contract act etc.
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TASK 2
P3 Impact of the company, employment law and contract law on the business and organization.
These laws plays an important role in the society as they are embodied with certain rules
which cannot be changed, it creates various impact on the business: Company Law- It mainly covers the law that are being made for the corporation and the
entity. As the company law contains the body of rules that are important for framing the
set of rules in the corporation. As it is a separate legal entity and gives various areas
through which they provides the right to the stakeholders in order to work and take
certain decisions for the company. Contract law- It covers the law that are being framed for the agreement that is being
made between the parties in order to make the contract(Mendis, 2019). It is being
enforceable by law, as contract law covers certain elements that are needed to be
completed in order to make the valid contract the parties can there by frame all the offer,
acceptance, consideration and the legal obligation to do any contract. Thus contract law
helps the parties to frame and come in a agreement that is enforced through law.
Employment law- This law basically covers all the rights of the employers and also the
employees this law is being made in order to protect the right of the employees in the
organization (Yin, 2020). UK mainly deals with the Equality act which covers important
issues like equal pay for equal work and the equality in the work places there has been
made various ares through which the law is exaggerated, that all the employment law
governs to protect basic and the important right that an employee need in the organization
in order to work in any area.
P4 Framing of legal business organization with its types.
The organizations or the corporation basically deals with all the legal business mainly
there are two kinds in which the business can be framed that is sole proprietor and partnership.
The companies aims to frame proper business in order to make better and increase their growth.
Sole proprietor- In this the company is being handled by the single person and all the
rights assets and the liabilities being lied on the person who is being handling the
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company(Wilson and et. al., 2020). It mainly been handled by the sole owner and all the
responsibilities of company in order to maintain relation with the employees and the other
corporation lies with that owner. All the HM revenue use to govern their company to behave as a
sole proprietor.
Partnership- In this the organization or the business is being run by the partners as when
the company is being owned by two or more individuals and all the responsibilities of the
companies are divided in both then it will amount to be in partnership. The partners carries equal
rights and liabilities towards the organization(Eccleston and Elbra, 2018). Their can also be seen
that all the decisions regarding the company and also for the organization can be taken by both of
them.
When their arises such situation that one of the partner wants to leave the organization
then will have to discuss that with the other partners and also fulfill the main terms and record
that are important for them.
Company- Company is the separate legal entity and will be treated as a single handed
owner which carries all the perpetual succession. The main thing about the company is that any
of the person holding it can come and go but the company will remain forever. All the liabilities
and the duties will be lie on the directors on the behalf of company. The registration of the
company should be made with proper documents and their should be given all the details about
the registration of the company in documented form.
There are mainly 2 types of company, one is public company and private company in
which the private company use to deal with all the asset and the liabilities by themselves and
carries all the asset by there own and ion public company there is a open record that all the assets
and the liabilities are open for the stake holders and that person have also the right to take any
decision from the company(Hantrais, 2018).
P5 Funding and Management of Business.
It is the most important element where the people and the organization tend to focus on
hoe they are going to raise the funds and through which manner they can attain more funds for
their company and organization. The owner of the organization tries to make all the areas that
how they can relate and adapt varies methods in the company and make the funding.
Partnership- When the company is being handled by the partners then they use to make
various areas and entries that they can raise their funds with the help of people and can also
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increase the growth of the company by all these means(Jones, 2020). The partners either make
the funds by their savings or can also take any loans for the assets but on the name of all, the loss
and the profit which is going to face the company can make it share between all. They can either
make the loss and profit being shared in all of them.
Sole proprietor- The companies which use to work as a sole proprietor have a separate
legal entity and they can get the fund either from their own savings which was made by the
organization or they can also raise funds through the banks as in order to get the loans for their
benefit. All the loss and the profit being occurred can be raised ans seen by them.
Company- In case of companies their can be made that all the funds and the areas that
are being needed for the benefit is being covered by them, the public companies use to cover all
the funds through the stake holders, stock markets and also through the banks and as stake
holders helps to gain the maximum profit this provides them to work in a proper manner with out
any issue by raising funds through them.
In case of private companies all the funds is being made by the board of directors and
also through all the companies savings as that will help them to make more profit and gain in
varies areas.
TASK 4
P6 Recommendation through which various disputes can be solved.
Alternative Dispute Resolution (ADR) it is a method through which all the legal and the
speedy judgments can be made for the companies(Francis, 2018). Their has been given that all
the organization can there by whenever being affected by any dispute or their has been made any
dispute between the parties then they can take the help of the ADR as in order to resolve the
main issue. ADR helps the companies to get in the matter that can make them to work in various
areas and fields. This the low cost and less time consuming process which helps out to give
certain areas and the disputes to be easily solved without attaining any problem. The parties will
not be getting any dispute region with in them.
There are mainly 4 important ways of ADR which helps in resolving issue: Arbitration- In Arbitration process the parties takes the help of an arbitrator and that is
being appointed between them in order to get the things done. There has been made
certain areas and all the issues will be heard by the arbitrator and then that person will
give the judgment(Haag, 2017). As in the case their can be seen that all the companies
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can at any time take the help of the arbitrator and both the parties will give them the fees
together. If the parties are satisfied by the judgment then that will be termed as the
binding on both the parties. Mediation- The mediator which was appointed from the company as in order to resolve
the dispute in this process both the parties or the organization after being agreeing for the
work us to appoint the person and that person will hear all the problem and the issue that
is being raised in between them. Their can be seen that after hearing the parties the
mediator may at any time make the various areas and work in an easement way and can
give the decision accordingly. Conciliation- In this process the parties tends to appoint a person as a conciliator and that
person will not be a known of any of the parties, the companies give all their evidence
and the records of the person and that person after getting the whole evidence will make
the detail discussion and will give their judgment (Veljanovski, 2019). The parties will
being agreed can then sign and make it clear and that will be made as an binding affect on
both of them, ion case where the parties are not satisfied then they can take the help of
any other person.
Negotiation- This is the cheapest process in which a negotiator is appointed between the
parties and that person will try to make both the parties to come in a win win situation.
Then their has been lie that all the work and the evidence being collected and also on the
record that is framed can be there made as an evidence (Smitiukh, 2020).
Thus, all these methods are helpful for the companies in order to solve the disputes and
this make them not to end their term from all the companies and helps to get the speedy trial fpr
all work made.
CONCLUSION
From this above report it is concluded that the business law provides various methods
that helps to frame the rules and also the regulation for the company and that makes them to
work in varies manner. All the business organisation have certain authorities that use to made by
the working and the fields that are important. Furthermore there are two sources of law which is
primary and secondary, in which primary covers the legislation, case laws etc. and the secondary
covers the textbooks, journals and many more. The companies have various process for the
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management and funding and there are various methods in alternative dispute resolution through
which the companies can resolve their disputes with the help of government rules.
REFERENCES
Books and Journals
Nevzat, D., 2020. Investor Protection in the UK: The Duties of Investment Managers. King's
College London Law School Graduate Student Research Paper, (2018/9_8).
Ryan, D., 2020. UK-funded propaganda campaign in Syria was bloated, inefficient and possibly
illegal. Guardian (Sydney), (1915), p.11.
Yang, F. and Renda, G., 2019. The design briefing process matters: a case study on
telehealthcare device providers in the UK. Disability and Rehabilitation: Assistive
Technology, 14(1), pp.91-98.
Perreau, L., 2020. Gender Equality at the Test of Sharia Councils in the UK. Youth and
Globalization, 2(1), pp.65-86.
Peers, S., 2020. The End-or a New Beginning? The EU/UK Withdrawal Agreement. Yearbook of
European Law.
Seharwat, V., 2020. Drone Privacy Laws: A Comparative of the US, UK, and India. In Drones
and the Law. Emerald Publishing Limited.
Mendis, D., 2019. ‘Back to the future’? From engravings to 3D printing–implications for UK
copyright law. In 3D Printing and Beyond. Edward Elgar Publishing.
Yin, C., 2020. Warner Music UK Ltd and Others v Tunein Inc. Sing. Comp. L. Rev., p.145.
Wilson and et. al., 2020. Management and Industry: Case studies in UK industrial history.
Routledge.
Hantrais, L., 2018. Assessing the past and future development of EU and UK social
policy. Social Policy and Society, 17(2), pp.265-279.
Jones, B., 2020. Social Mobility and Elite Recruitment in the UK. Political Insight, 11(4), pp.28-
30.
Francis, C., 2018. THE PROTECTION OF CONTEMPORARY ART UNDER UK
COPYRIGHT LAW. Art Antiquity & Law, 23(4), pp.289-312.
Haag, M., 2017. The implications of ‘Brexit’under German tax law: expected changes for UK
businesses, corporations, and trusts with Germany-based owners and
beneficiaries. Trusts & Trustees, 23(6), pp.664-668.
Veljanovski, C., 2019. Collective certification in UK competition law: commonality, costs and
funding. World Competition, 42(1).
Smitiukh, A., 2020. The Exercise of the Corporate Rights Certified by the Corporate Shares
(Stocks) Encumbered with the Usufruct. Law Rev. Kyiv UL, p.223.
Eccleston, R. and Elbra, A. eds., 2018. Business, civil society and the ‘new’politics of corporate
tax justice: paying a fair share?. Edward Elgar Publishing.
Okanigbuan, F., 2020. Corporate Takeover Law and Management Discipline. Routledge, Taylor
& Francis Group.
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